Trade Associations, Labor Unions, NonProfits & Charities
Any kind of organization faces the risk that its leadership or the organization itself may be alleged to be legally responsibilty for damages, financial losses, or government-led enforcement actions. The Mayerson Firm PLLC works with trade groups, labor unions, non-profit organizations, and charitable trusts to ensure that insurance policies that are purchased match the risk exposures they and their leaders face. To this end, we can review proposed insurance policies and advise on how they can be better tailored to suit the risk profile of the client.
Our ability to counsel on the wordings grows directly out of the long experience of representing trade associations, labor unions, and nonprofit organizations regarding claims of conspiracy or concert of action, fiduciary breach from mismanagement or alleged self dealing or improper dealings with affiliated for-profit entities, internal pension-plan and ERISA fiduciary-breach claims, and all manner of risk exposures stemming from maintaining websites, intranets, or extranets.
Industry-related trade groups often are dragged into mass-tort proceedings alleging participation in cover-ups or other industry-wide malfeasance. The cost to the organization of defending against such claims in, for example, federal multi-district (MDL) litigation can be substantial -- and always is unbudgeted; Marc Mayerson's track record of successfully obtaining funding from insurers for the cost of defense regarding these often-meritless claims means that the best and most experienced defense lawyers can be retained, at the expense of insurers and ideally with their participation, to safeguard the reputation of these organizations and fend off the potentially financially devasting consequences to board members and the executive suite.
Likewise, any organization faces the risk of employment-based claims from staff, and Marc Mayerson's experience in securing recovery under Employment Practices Liability (EPLI) Insurance ensures that the fullest performance from the insurance company is rendered to protect the organization and its leadership.
Nonprofits and charities operating abroad face the risk that their staff or volunteers could be kidnapped and held for ransom. Marc Mayerson has counseled a worldwide alternative media outlet on the purchase of kidnap and ransom (K&R) coverage.
Marc Mayerson's experience for trade groups, nonprofits and charities was showcased at a US Senate Subcommittee hearing on the liability of nonprofits derivatively for their volunteers and employees and directly by the organization and how insurance coverage intersects with the liability regime.